Damian K. Gunningsmith

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Damian K. Gunningsmith’s practice covers a broad range of intellectual property matters with a focus on intellectual property litigation. Damian has experience litigating patent, trademark, antitrust, trade secret, and unfair competition matters. Damian is registered to practice before the U.S. Patent and Trademark Office, positioning him to provide comprehensive representation and counsel to clients with intellectual property needs.

Damian also has experience working in other areas of complex commercial litigation. His experience covers a range of matters including, among others, commercial contracts, fraudulent asset transfers, and environmental issues. Beyond trial work, also assists clients with data privacy and security issues. He works with clients to evaluate and allocate the increasingly prevalent risks of a data breach in the world of e-commerce.

He also assists clients with navigating data breach events. Damian also maintains an active appellate practice. He has worked on appeals at all levels, both state and federal. Damian regularly works on criminal appeals in the capacity of a Special Public Defender through the State’s Public Defenders Officer. While in law school, Damian served as a student law clerk to the Honorable Holly B. Fitzsimmons of the U.S. District Court for the District of Connecticut.

Before law school, Damian was a police officer in Upstate New York. Damian’s law enforcement training and experience positioned him for the inherent conflicts of litigation, and also gave him insight into conflict resolution and human behavior that he is able to utilize in his daily practice.

Prior to law school, Damian was a Deputy Sheriff for the Tompkins County Sheriff’s Office in Upstate New York. While there he received numerous distinctions including becoming certified as Level II Traffic Accident Reconstructionist through the Northwestern University Center for Public Safety.